PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

946 Pages V   1 2 3 > » 

hcandersen
Posted on: Today, 12:44


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


And I would normally agree with Mr. M, but I don't on this one.

After the fact trawling of every entrance to the CPZ in the hope of finding a sign, among possibly dozens, which might not be 100% clear but which might bear no relevance as far as the OP's entry into the zone is concerned will not win the day IMO.

And the OP was candid in their reps, they did not claim that this sign had any bearing on their knowledge of the CPZ - which might even be conveyed in the permit Ts and Cs - so why should an adj attach any weight to this argument?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479138 · Replies: 9 · Views: 125

hcandersen
Posted on: Today, 12:36


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


??

A CPZ is a defined term relating to waiting restrictions.

The alleged contravention relates to a parking place.

Parking places must be signed and marked unless signs are placed to the contrary.

But there must be signs somewhere!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479134 · Replies: 5 · Views: 58

hcandersen
Posted on: Today, 11:20


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Any disabled parking bays and corresponding signage which do not conform to Traffic Signs and General Directions 2002(link is external) will be altered so that they meet the criteria of the Act. This means that many spaces city-wide will require some form of alteration work. Any disabled parking bay which does not have the correct signage will also have a new sign and possibly a new post erected adjacent to the bay.


Excellent. My quote was from the Traffic Signs etc. Regs 2016, which has replaced 2002.


Please note that the TRO for on-street bays has been made and all bays are now legally enforceable.


Even better.

All of this is in your favour.

The 2009 Act imposes a DUTY on Scottish authorities, it's not a carte blanche.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479127 · Replies: 16 · Views: 182

hcandersen
Posted on: Today, 09:17


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


OP, we and you are where we are.

You have an appeal pending.

We know nothing of your reps or their rejection.

We need a lot of info, the question is whether you have the time and inclination to provide.

You do not have a procedural winning argument regarding their evidence. Forget it and concentrate on matters with which we could assist.

Do not post here, but use an external site and post the link.

At this stage we need:
Their evidence i.e. case summary, the NOR, your reps, the traffic order. All of this is in their evidence pack.
The date of your appeal and whether you are attending or whether it is by phone or on the papers.

If necessary, you can request a postponement.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479086 · Replies: 5 · Views: 56

hcandersen
Posted on: Today, 09:08


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


The total omission of upright signs to reduce sign clutter might be appropriate in cases when a bay marking indicates a single restriction operating at all times, for example “LOADING ONLY”.


In very, very, limited cases, none of which applies here i.e. there's a P&D m/c.

The council rely on their ability to place contra-coloured bricks into the road to indicate the extent of bays.

And focusing on the markings alone:

2.—(1) When reserved for disabled badge holders at certain times (whether or not also reserved for other users)—

(a)the length of the bay must be at least 6600 mm; and

(b)the width of the bay must be at least 2700 mm (or 3000 mm when placed in the centre of the carriageway) except in a case where, on account of the nature of traffic using the road, the overall width of the carriageway is insufficient to accommodate a bay of that width.

(2) The marks and gaps forming the boundary of the bay may—

(a)vary in number and length; or

(b)be replaced by a continuous white line.

(3) The bay may be varied to contrast, in pattern or colour, from the surrounding parts of the road and any adjoining bays, in which case the marking may be omitted.


I don't see that the length criterion has been met here notwithstanding that the bay is at right-angles to the edge of the carriageway.

But OP, the photos are too close, we need a wider view. Can you get this?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479083 · Replies: 16 · Views: 182

hcandersen
Posted on: Today, 08:53


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


It's a single road cul-de-sac and therefore the OP had to walk past the signs on exit and entrance.

OP, for completeness, post the back of the PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479078 · Replies: 7 · Views: 98

hcandersen
Posted on: Today, 08:07


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


What the council should have done is put a Footnote next to 1 hour free on the tariff board stating that you must obtain a ticket for an hour free parking.

They'll say, as they have, that the signs are clear enough.

And you've still not answered the question regarding what's written on the P&D m/c.

You could have looked at other cars, asked people..etc. But you didn't.

Cutting to the chase, do I think you have a winning argument at adjudication which would apply the test of balance of probabilities?

No, I do not.

But it's your money.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479068 · Replies: 20 · Views: 368

hcandersen
Posted on: Yesterday, 21:47


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Their reply apparently stated that:

I would advise there are signs on entry and on the tariff board stating ‘for a free hour parking you must obtain and display a ticket’

What are the 'signs on entry' and where are they in evidence?

You must post their correspondence. Do not try and transpose, it's time consuming and bound to be inaccurate.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479038 · Replies: 20 · Views: 368

hcandersen
Posted on: Yesterday, 11:56


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


A road traffic contravention occurs only under one of the conditions specified in the Act.

In this case, para. 4(2)(d) of Schedule 7 to the TMA:

https://www.legislation.gov.uk/ukpga/2004/18/schedule/7

We don't know what the order provides, but I bet it's not pen is good, pencil is bad. Commonly the requirement is to display a permit or P&D in such a way that the details are clear from the outside of the vehicle and easily seen.

OP, could you read the details clearly and easily?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478907 · Replies: 3 · Views: 57

hcandersen
Posted on: Yesterday, 11:34


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Personally, I would write to the council.

I refer to the FPN ********* issued for alleged contravention of *******.

As I understand it, the council are relying on powers provided under ss 8 and 9 of and Schedule 4 to the London Local Authorities and Transport for London Act 2003, see attached.

https://www.legislation.gov.uk/ukla/2003/3/contents/enacted
https://www.legislation.gov.uk/ukla/2003/3/...nalties/enacted
https://www.legislation.gov.uk/ukla/2003/3/...edule/4/enacted

If so, then this would appear to be a clear abuse of process by the council.

The power to issue FPNs is clearly complementary to and not in lieu of powers under other sections of Part 2 Road Traffic and Highways. In this instance, the council have chosen to employ Item 2 in the Schedule, Wilful obstruction of highway, instead of using powers intended by Parliament. That the council believes that the offence of obstruction involving a motor vehicle can be relied upon under the same powers as those specified for builder's skips, hedges, stalls and scaffolding, not to mention animals lying on the side of the highway is frankly ludicrous.

If the council do not withdraw this FPN then they must explain why they have relied upon this legislation as opposed to that intended by Parliament.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478897 · Replies: 18 · Views: 264

hcandersen
Posted on: Yesterday, 11:02


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


OP, I'm still intrigued by the fact that these notices were delivered to your parents' address.

And they did what with them?

Why would they not inform you? You've just let this point go as if it had no significance.

And a word of warning..if you've deliberately registered your car at your parents' address in order to gain an insurance leg-up because of their post code, I wouldn't as it could invalidate your insurance.

And although the original car was stolen, you've received a settlement with which you've bought another car and registered it where?


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478884 · Replies: 5 · Views: 72

hcandersen
Posted on: Yesterday, 09:32


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Don't.

Honesty is the best policy, but it can be presented in different ways.

Firstly, get online to DVLA and update your V5C.

And we still haven't seen any docs so we don't know what time you have to play with.

If you try this solo, then 99.9999999% you will fail.

We'll help you draft if we have time.

And talking of 'we' who is 'we're'? There is no such thing as collective liability, only one person is liable. So, who is the current registered keeper, you or somebody else? If you are not married or otherwise have a relationship recognised by law, then your partner is a legal stranger. So, precision pl. Only the person named on the OfR can submit an OOT ( short for Out of Time) application.
Is this you?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478866 · Replies: 11 · Views: 142

hcandersen
Posted on: Yesterday, 09:27


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


A clear contravention.

As regards the contravention, you could ask them to exercise discretion on the basis of your prior experience of parking without issue. Apologise and say it won't happen again.

As regards the PCN, it is IMO fatally flawed because it does not convey all of the information mandated by the regulations.

This is what it is required to state:

2) A penalty charge notice served under regulation 9 of the General Regulations must, .... include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i)those representations will be considered;

(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.


The part in bold is missing, or have I missed it?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478864 · Replies: 4 · Views: 179

hcandersen
Posted on: Yesterday, 08:52


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


And is your V5C up to date?

What mail forwarding/collection arrangements did you put in place?

It looks like an enforcement agent visited my old address to hand deliver this letter and it was not in an envelope (previous correspondence was).?

'Previous correspondence was'!

What do you mean? The occupier handed you a wad of letters, some going back at least 8 months! Pl explain.

You have to make a very, very, good case to the Traffic Enforcement Centre if you are to avoid having to pay what is being demanded and get the matter reset to the PCN stage, this is not just tick-box exercise.

And why you did not take possession of the PCN and OfR before now are at the centre, and the argument has to be very, very, good. After all, 'We only moved three streets up and thought new owners were letting us know when any post came'. So you could easily have made frequent visits to pick up your own mail! And IMO, why you 'thought new owners were letting you know' is the key.

Had you received mail from them, what explicit as opposed to implicit or assumed arrangements were in place?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478850 · Replies: 11 · Views: 142

hcandersen
Posted on: Yesterday, 07:31


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Yes, more precision.

I became aware of the PCN when *** to **** by *****. I still don't know.

Was your car clamped on the road, did an enforcement agent hand deliver a letter to you at your new address, did you bump into the new occupier in the checkout queue at your local supermarket...aha, I've been looking for you, I've got all these letters for you.

And post the Removal Notice, we must know the time parameters.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478834 · Replies: 11 · Views: 142

hcandersen
Posted on: Yesterday, 07:26


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


I wouldn't come on heavy with legitimate expectation, just describe what you have done in the past and why. They cannot pursue you for past failings.

On *** I parked at the location as I have done at the same time regularly/frequently/occasionally without issue for ***** months/years, as have many motorists who possibly like me thought it was a lay-by - find your own form of words.

From the PCN and photo of the traffic sign, it would appear that the council are saying that the yellow line restricts parking here. If so, I will not park there again and would hope that on this occasion you would exercise discretion and cancel the PCN.

When you've got a poor hand, don't overplay it.

Would be my take.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478832 · Replies: 5 · Views: 104

hcandersen
Posted on: Yesterday, 07:14


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


I received a PCN this weekend for not displaying a ticket during a 1hr free parking, sent an email to the council stating it was a genuine mistake

Let's go back pl.

I parked my car in what I knew was a P&D car park, yes?

You then did what? You went to the payment machine, yes?

So we now have a tariff/notice board and a P&D m/c.

You read the instructions on both and concluded......?

I like to start with what you did and why.

Also, are you the registered keeper of the car?

And post your challenge and their reply, posting extracts or synopses cannot work.





  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478829 · Replies: 20 · Views: 368

hcandersen
Posted on: Yesterday, 06:56


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


The contravention is not relevant at this time, this is procedural.

You need to breakdown the following, but one step at a time. And talking of time, it is not your friend in this matter therefore you must respond promptly to requests for info or risk the matter escalating further and rapidly.

Second issue is that, for complicated reasons (but not intentionally bad ones), car was still registered at my old address - but ultimately I accept this is my responsibility. So I’ve only just found out about this matter and have a Removal Notice for hundreds of pounds instead of the original £35


When did you update your V5C, presumably you've moved only once?
Post the 'Removal Notice'. Leave in all details except your address;
Date of original PCN;
What mail forwarding arrangements did you put in place when you moved and for how long?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478826 · Replies: 11 · Views: 142

hcandersen
Posted on: Tue, 16 Apr 2019 - 17:41


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


IMO, this is an abuse of process.

If an obstruction is being caused then prima facie a contravention under the TMA has been committed. The route of appeal under this is less hazardous and potentially accessible than the sledgehammer of a FPN.

But I would like to know the ins and outs first.

This seems to be an ongoing problem, but let's know the details OP.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478735 · Replies: 18 · Views: 264

hcandersen
Posted on: Tue, 16 Apr 2019 - 13:40


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Their last paragraph is deficient.

It does not refer to costs or the adjudicator's discretion to accept late submissions.

Procedural impropriety on both counts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478616 · Replies: 38 · Views: 562

hcandersen
Posted on: Tue, 16 Apr 2019 - 13:37


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Thank you.

This appears to be the traffic order reference:

Ferndown, Service Road Off Princes Road

On both sides, from its junction with Princes Road in a southerly direction to its southern extent including the turning area


But I am not certain this is a road for its entire length, the sudden change in surface treatment - which you can see clearly marked just before the private car park on the right - combined with a lack of street lighting columns of the same type used further down suggests to me that the status of this road needs to be clarified.

And as for motorists parking head-on to the kerb!

I suggest you challenge on the basis of what happened i.e. you did not notice DYL. Perhaps in your rush to get to your mother (who is ** years old, suffers from various medical conditions etc.. include what evidence you have) whom you said you'd help with her shopping - I leave it you how you describe this and why she needed help. If you had stayed in the car and left her to her own stubborn devices, then this situation would not have arisen. But you hope that the person considering these reps has or knows an old parent and can empathise with the situation in which you found yourself with no parking places being available. You would ask that the authority exercise discretion on this occasion. But if they do not, then all is not lost: this is just the sort of incident which will help you to convince her that she should apply for a Blue Badge(she qualifies) - at present she seems to view the idea as one (avoidable) step closer to the great car park in the sky- so in future these situations could be avoided.

I would not go into technical points at this stage.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478612 · Replies: 23 · Views: 236

hcandersen
Posted on: Tue, 16 Apr 2019 - 13:02


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


OP, I am still confused..although some may say this doesn't take much.

Did you or did you not have the wherewithal to pay when you parked based on your knowledge of prevailing factors?

You have now said that you couldn't use the app; and
You didn't have credit/debit cards, because they'd been cancelled and not replaced.

So if the machines took cards and cash, you would have needed cash in any event.

And if they took cash only, you needed cash.

I cannot reconcile your account with you not having cash.

Help me.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478598 · Replies: 12 · Views: 289

hcandersen
Posted on: Tue, 16 Apr 2019 - 12:54


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


The last date they will accept the WS without Out of Time Request = 36 days from the above

Do you have this in writing?

Do NOT rely on a phone call.

Email TEC, refer to your conversation, state what you've been told and ask that should this not be correct e.g. you misheard etc, then would TEC pl confirm the correct latest date for submitting an in-time WS.

Copy to the authority for information with a covering letter e.g. I refer to the OfR issued by you dated 1 February and received by me on ***. I have established with TEC that the order is grossly defective in that it states an incorrect issue date and by extension latest date by which you state that I must submit a Witness Statement. Subject to any advice from TEC to contrary, I have established that I may submit an in-time statement up to and including ***.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478595 · Replies: 59 · Views: 1,697

hcandersen
Posted on: Tue, 16 Apr 2019 - 12:43


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Thanks.

But I still cannot locate exactly where you were, the photos are too close-up and do not give a context.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478592 · Replies: 23 · Views: 236

hcandersen
Posted on: Tue, 16 Apr 2019 - 12:40


Member


Group: Members
Posts: 23,686
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551


Where's the rest of the NOR?

As posted, it is grossly deficient so I can only assume a page is missing.

This is what it must contain:

http://www.legislation.gov.uk/uksi/2007/34...gulation/6/made

Where are the references to charge certificate, adjudicator's power to award costs, adjudicator's discretion to register an appeal made out of time?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1478590 · Replies: 38 · Views: 562

946 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Thursday, 18th April 2019 - 19:16
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.